PORTUGAL 1. Consumer policy institutions 2 1.1. MINISTRY RESPONSIBLE FOR CONSUMER POLICY 2 1.2. PUBLIC AGENCIES 3 1.3. NATIONAL CONSUMER ORGANISATIONS 13 1.4. NATIONAL COUNCILS/ASSEMBLIES OF CONSUMER ORGANISATIONS AND OTHER STAKEHOLDERS 16 1.5. CONSUMER MEDIA 17 1.6. REDRESS BODIES: COURTS AND ADRS 17 1.6.1. Out-of-court bodies responsible for the settlement of consumer disputes (Commission Recommendation 98/257/EC) 17 1.6.2. Out-of-court bodies involved in the voluntary resolution of consumer disputes (Commission Recommendation 2001/310/EC) 26 1.6.3. Other bodies involved in the voluntary resolution of consumer disputes 26 1.7. EUROPEAN CONSUMER CENTRE 27 1.8. SELF OR CO-REGULATION 27 2. Consumer policies 28 2.1. CONSUMER PROTECTION LEGISLATION 28 2.2. CONSUMER ORGANISATIONS 29 2.3. INFORMATION AND EDUCATION 30 2.4. INFORMATION GATHERING/RESEARCH 31 Page 1/31 June 2010 1. Consumer policy institutions 1.1. MINISTRY RESPONSIBLE FOR CONSUMER POLICY In Portugal, the Secretary of State for Trade, Services and Consumer Protection, within the Ministry of the Economy, Innovation and Development, is responsible for consumer policy, consumer protection and consumer affairs. • Secretaria de Estado do Comércio, Serviços e Defesa do Consumidor (Cabinet of the Secretary of State for Trade, Services and Consumer Protection) Address: Rua da Horta Seca, 15, PT-1200–221 Lisboa Phone: +351 21 324 54 00 Fax: +351 21 324 54 60 E-mail: [email protected] Website: http://www.min-economia.pt/ • Direcção-Geral do Consumidor (Consumer Directorate-General) The Consumer Directorate-General contributes to the drafting, the definition and implementation of consumer policy in Portugal, aiming to ensure a high level of protection. It is a central body of direct public administration, whose organic law was approved by Decreto Regulamentar 57/2007, April 27, which approved its internal structure and mandate. The Consumer Directorate-General (DGC) has been entrusted with the responsibility of guaranteeing consumers access to alternative means of dispute resolution (ADR - alternative dispute resolution), namely arbitration centers and municipal centers for consumers information, the responsibility of informing consumers of their rights under the applicable laws and regulations and of directing consumers complaints to sector regulators in the areas submitted to economic regulation of sectoral nature. Furthermore, DGC assesses the need for new regulation in all areas of interest to consumers, thereby proposing new legislative measures or others aiming to protect consumers, and cooperates in the transposition and application of European law. DGC analyses and monitors as well the commercial or institutional advertising and the techniques for sales promotions. It also publicizes information on the safety of goods and services to consumers, acting on its own initiative or in coordination with other public bodies, particularly regarding goods and services that may damage the health and wellbeing of consumers. Finally, DGC encourages and supports consumer associations through the grant of technical and financial means and it coordinates the Portuguese System for Consumer Defense, which encompasses both public bodies and privates parties that share the goal of implementing consumers’ rights. Other regular tasks conferred to DGC include the interaction with both public and private bodies in order to gather information and to request for action needed to safeguard consumers’ rights and interests, and regularly participates in the activities of the European Union and of international organizations active in the area of consumer policy. DGC provides administrative and technical support and logistics to the National Consumer Council and to the Services and Consumer Goods Safety Commission, while it hosts the European Consumer Centre in Portugal. Page 2/31 June 2010 According to the Consumer Protection Law, Law 24/96, July 31, the scope of intervention of the Directorate-General is limited to relations regarding the supply of goods and services or the transfer of rights for non-professional use by professionals that pursue a profitable economic activity. DGC has been appointed the official contact point in Portugal (by Despacho conjunto 357/2006, April 28) for the implementation of the European Network of Administrative Cooperation in the area of consumer protection (set by EC Regulation 2006/2004, October 27), aiming to provide for a speedy and simplified exchange of information between national authorities of all Member States which control the enforcement of European consumer protection legislation. DGC’s internal structure (established by Portaria 536/2007, April 30) comprises 3 directions, each of them including one division: the Direction for International Affairs and Consumers Safety, which includes the Division for Consumer Safety of Goods and Services; the Direction for Consumer Communication, which includes the Division for Consumers Assistance and Information and the Direction for Consumer Law, which includes the Division for Advertising. Under Despacho 4210/2008 of the Secretary of State for Trade, Services and Consumer Protection, which approved the Regulation for Technical and Financial Support to Consumer Associations and Consumer Cooperatives, the Consumer Directorate-General annually finances projects namely for consumer information and education, training actions, and studies. The Consumer Directorate-General chairs the managing committee of the Consumer Protection Fund (“Fundo para a Promoção dos Direitos dos Consumidores”), created in 2008 with the objective of supporting consumer protection activities. Direcção-Geral do Consumidor (Consumer Directorate-General) Address: Av. Praça Duque de Saldanha, nº 31 – 1º, 2º, 3º e 5º, PT-1069-013 Lisboa Phone: + 351 21 356 46 00 Fax: + 351 21 356 47 19 E-mail: [email protected] Website: www.consumidor.pt 1.2. PUBLIC AGENCIES The regulatory authorities are responsible for monitoring certain sectors of activity and in particular, for regulating any contradictory interests. It should be noted that some of these structures also control the market and its way of operating. • Regulatory Authorities and Market Surveillance Bodies o Autoridade da Concorrência (Competition Authority) The Portuguese Competition Authority was created by Decree-Law 10/2003, January 18. It succeeds the Competition Council and the Directorate General for Trade and Competition, as an independent and financially autonomous public agency. The Authority has enforcement powers over all sectors of the economy, including regulated sectors, the latter in coordination with the relevant sector regulators. Page 3/31 June 2010 The mission of the Authority is to enforce the Portuguese and European competition laws in the areas of anti-competitive practices and merger control, respecting the principles of market economy and free competition, with the following goals: - the efficient functioning of the markets, - the efficient distribution of resources - and the interests of consumers. The Portuguese Competition Authority’s competencies include enforcement powers regarding anti-competitive practices, supervision powers related to merger control, economic and sector specific studies and inquiries and, finally, regulatory powers, as it may issue recommendation and regulations, and may approve compliance programmes and best practices guidelines. Address: Av. Berna, nº 19, PT-1050-037 Lisboa Phone: + 351 21790 20 00 Fax: + 351 21 790 20 99 E-mail: [email protected] Website: www.concorrencia.pt o Banco de Portugal (Bank of Portugal) According to its Organic Law, the Bank of Portugal, as the central bank, is an integral part of the European System of Central Banks, (ESCB) and, in that quality, "shall pursue the objectives and shall participate in the performance of the tasks entrusted to the ESCB". According to its statutes, Bank of Portugal “is responsible for the prudential and market conduct supervision of credit institutions, financial companies and payment institutions with a view to ensuring the stability, efficiency and soundness of the financial system, as well as the compliance with rules of conduct and transparency requirements towards bank customers, thereby ensuring the safety of deposits and depositors, and the protection of consumer interests”. Under the "market conduct supervision" of retail financial markets (set by Decree-Law 1/2008, January 3), the Bank of Portugal may establish rules of conduct for credit institutions and financial companies ensuring transparency of information during the pre- contractual and contractual stages, namely in advertising, and fairness in transactions in financial products and services between supervised entities and their clients. In addition, consumers may submit complaints directly to the Bank of Portugal. Address: R. do Ouro 27, PT-1100-150 Lisboa Phone: +351 213213200 Fax: +351 213464843 E-mail: [email protected] Website: www.bportugal.pt o Comissão do Mercado de Valores Mobiliários (Securities Market Commission) The Portuguese Securities Market Commission, also known by its initials "CMVM", was established in April 1991 with the task of supervising and regulating securities and other financial instruments markets (traditionally known as “stock markets”), as well as the activity of all those who operate within these markets. CMVM is an independent public institution, with administrative and financial autonomy, financed through supervision fees charged to undertakings operating in these markets. The